Legal action taken

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In order to be able to drain rainwater onto provincial roads, municipalities must provide a drain. The state compensates the municipalities for this work.

(Bild: Martin Jöchl (Symbolbild))

Following the 1:0 decision in favor of the municipality of Ollersdorf regarding compensation payments, the dispute with the provincial government is set to be extended, according to legal experts.

As reported, the provincial administrative court had awarded the ÖVP municipality of Ollersdorf compensation of more than 118,000 euros. Specifically, this relates to a construction project many years ago in which "municipalities along provincial roads must construct sufficiently dimensioned longitudinal channels for the drainage of rainwater" and the provincial road administration had to pay compensation for the use of the channel.

State takes legal action
Up to now, it has been customary for a fair solution to be found between the state and municipalities to cover the costs jointly, according to the state parliament in Eisenstadt. The mayor of Ollersdorf has abandoned this tried and tested, partnership-based approach and "opened a Pandora's box with his craving for recognition". The province is now taking legal action by lodging an extraordinary appeal with the Administrative Court.

We will exhaust all legal possibilities.

Infrastrukturlandesrat Heinrich Dorner

Claims of the state in road construction
Apart from this, the legal examination by the state and a renowned law firm has shown that the state may also have claims against the municipality in connection with the road construction obligation, some of which exceed those of the municipality many times over. "We will also assert these claims," announced the SPÖ provincial councillor.

State had complied with the law
According to the administration, the ÖVP municipality only applied to the state for compensation for the renovation of the local thoroughfare in 2020, which had already been carried out in 2009. "Bernd Strobl has been mayor of Ollersdorf since May 2012. In 2020, he took issue with a regulation that was issued in 2010 by the ÖVP provincial councillor responsible at the time on the basis of the Road Act from 2005, the People's Party was part of the provincial government," notes Dorner. Postscript: "The state has complied with the law to the letter and implemented what has been decreed since 2010."